565 F. App'x 4
D.C. Cir.2014Background
- Clark carjacked, robbed, and kidnapped Michael Walker in Washington, D.C. on May 6, 2009; accomplice not identified.
- Clark was arrested the following spring and convicted by a jury on all counts.
- Clark challenged the admission of former girlfriend’s testimony about Clark’s departure to Georgia and missing their child’s birth.
- Government offered the departure as proof of flight and consciousness of guilt, balancing probative value against potential unfair prejudice.
- The district court admitted the testimony; the court conducted Rule 403 balancing and did not abuse discretion; later, Alleyne required jury finding of brandishing; sentence on Count 2 vacated and remanded for resentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the flight/consciousness testimony was admissible under Rule 403. | Clark contends testimony should have been excluded as unfair prejudice. | Government argues testimony probative of flight and guilt, not substantially prejudicial. | No grave abuse; testimony admissible. |
| Whether brandishing of the firearm had to be submitted to the jury after Alleyne. | Clark argues Alleyne requires jury finding of brandishing. | Government aligns with Alleyne, requiring jury determination. | Count 2 sentence vacated; remanded for jury-determined brandishing. |
Key Cases Cited
- United States v. Harris, 491 F.3d 440 (D.C. Cir. 2007) (Rule 403 deference to trial court; grave abuse standard)
- United States v. Johnson, 519 F.3d 478 (D.C. Cir. 2008) (grave abuse review of Rule 403 decisions)
- Alleyne v. United States, 133 S. Ct. 2151 (U.S. 2013) (brandishing element must be found by a jury beyond a reasonable doubt)